SENATE, No. 2028

By Mr. Barrios, a petition (accompanied by bill, Senate, No. 2028) of Jarrett T. Barrios, Carl M. Sciortino, Jr. for legislation to regulate segway devices. Transportation.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT regulating segway devices

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of “Department” the following definition:-
“Electric personal assistive mobility device” or “EPAMD”, a self-balancing, non-tandem  2-wheeled device with an electric or gas propulsion system.

SECTION 2. Said chapter 90 is hereby further amended by inserting after section 1D, as so appearing, the following section:-
            Section 1E.(a) An electric personal assistive mobility device shall not be operated upon any way by any person not possessing a valid drivers license or learner’s permit, nor at a speed in excess of 20 miles per hour. A person operating an EPAMD shall have the right to use all public ways except sidewalks and limited access or express state highways where signs specifically prohibiting bicycles, scooters or EPAMDs have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this subsection, except that: (1) an EPAMD operator shall keep to the right side of the road at all times, including when passing a motor vehicle which is moving in the travel lane of the way; and (2) the EPAMD shall be equipped with operational stop and turn signals so that the operator may keep both hands on the handlebars at all times.  No person shall operate an EPAMD upon any way at any time after sunset or before sunrise. 

A person operating an EMAPD shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe. No person operating an EPAMD shall permit any other person to ride as a passenger on an EPAMD.  No person may operate an EPAMD while carrying any package, bundle or other article that prevents the operator from keeping both hands on the handlebars or interferes with such operator’s ability to safely operate the EPAMD.

A person convicted of violating this section shall be punished by a fine of not more than $25 for the first violation, not less than $25 nor more than $50 for a second violation and not less than $50 nor more than $100 for a third or subsequent violation.

(b) Subsection (a) shall apply to each city and town unless a city or town votes to accept this subsection.